Environment Protection Agency - Proposal to Revise the Definition of Waters of the United States Listening Session

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At NCAI's Mid Year Conference, the EPA, with the participation of the Department of the Army and the Army Corps of Engineers, is consulting with tribal leaders and tribal officials on a proposal to revise the definition of “waters of the United States.” This action follows the February 28, 2017, Presidential Executive Order (E.O.) 13778, which directs the EPA and the Department of Army to review and rescind or revise the 2015 Clean Water Rule. The E.O. directs the agencies to do so consistent with the principles that Justice Scalia outlined in the Rapanos plurality opinion indicating that Clean Water Act jurisdiction includes relatively permanent waters and wetlands with a continuous surface connection to such waters. The agencies are implementing the E.O. in two steps to provide as much certainty as possible as quickly as possible: 1) an initial rulemaking to recodify the previous, longstanding regulatory definition of “waters of the United States” and 2) a second rulemaking to revise the definition of “waters of the United States,” taking into consideration the principles of the plurality opinion in Rapanos. EPA initiated consultation and coordination with federally recognized tribes on April 20, which concludes on June 20. The agencies are aware that the scope of Clean Water Act jurisdiction is of intense interest to many tribes and stakeholders and therefore want to provide time for appropriate consideration and deliberations on the ultimate regulation. Tribal officials are invited to participate in this session to learn more about the agencies’ actions and to provide feedback on how different rulemaking options might affect tribes.
From 12:00 p.m. - 1:15 p.m. in the Brothertown Room.